James Scott Farrin Fights Nursing Home Immunity as Families Seek Justice
North Carolina COVID-19 emergency legislation passed in 2020 has been interpreted by courts to provide blanket immunity to nursing homes, even when residents aren't infected with COVID-19.
DURHAM, N.C., Jan. 25, 2022 /PRNewswire/ -- The Law Offices of James Scott Farrin is fighting for victims of nursing home abuse and neglect by seeking to change a flawed law that the industry claims provides blanket immunity to these facilities due to COVID-19 – even when a case has nothing to do with the virus.
North Carolina nursing home residents and their families are currently being denied access to justice due to legislation intended to protect healthcare workers during the COVID-19 outbreak in 2020.
"This law was passed to protect healthcare workers. Unfortunately, it is deeply flawed, and its flaws put our elderly in nursing homes at great risk. Under the law, facilities are getting a pass for situations that have nothing to do with COVID and everything to do with neglect," said attorney Elizabeth Todd, who leads the nursing home law practice at James Scott Farrin.
The firm urges everyone to sign the petition located here.
Pleas Fall on Deaf Ears at Governor's Office, Legislature; Law Used as a Basis of NC Law Repealed
Despite outcry from families that their loved ones were injured by neglect and not COVID-19, there has been no effort to repeal the law or any part of it. The Emergency Disaster or Treatment Protection Act, signed into law in 2020 at the height of the pandemic, was essentially imported from New York, where it has since been repealed.
"During the early months of the pandemic, the Legislature granted healthcare facilities broad corporate immunity, stripping grieving families of their right to seek proper legal recourse and potentially incentivizing nursing home executives to cut corners. Now knowing that we would lose over 13,000 nursing home residents to COVID-19, we have a duty to right this wrong and fully repeal the remaining protections," said New York legislator Alessandra Biaggi in 2021, as their immunity law was repealed.
Unfortunately, the law is still in effect in North Carolina.
Courts Bound by Letter of the Law as Tragedies Continue
The effects of the law are not unknown. Several news articles have detailed the stories of families whose elderly loved ones have died under tragic, avoidable circumstances. Families seeking answers and help have been rebuffed by Governor Roy Cooper, and no movement has been made to correct the flaw in the legislation.
ABOUT THE LAW OFFICES OF JAMES SCOTT FARRIN
The Law Offices of James Scott Farrin is one of the largest personal injury firms in North Carolina and has helped over 50,000 injured people since 1997. Operating from 16 offices in NC and one in SC, many of the firm's 50+ accomplished attorneys are recognized professionals in their fields. The firm focuses on providing quality legal services to as many people as possible in the following practice areas: personal injury, car accidents, workers' compensation, nursing home abuse, whistleblowing, defective products, eminent domain, mass torts, class actions, and Social Security Disability.
Offices in Durham (main), Raleigh, Charlotte, Greensboro, NC and Greenville, SC. Attorney J. Gabe Talton: 280 South Mangum St., Suite 400, Durham, NC.
Contact Information:
David Chamberlin
280 S. Mangum Street
Suite 400
Durham, NC 27701
866-900-7078
https://www.farrin.com/
SOURCE Law Offices of James Scott Farrin
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